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1997 Supreme(SC) 1529

S.C.AGRAWAL, V.N.KHARE, K.VENKATASWAMI
B. Sharma Rao H. Ganeshmal – Appellant
Versus
Head Quarters Asst – Respondent


ORDER

1. These special leave petitions are directed against the common judgment of the High Court of Karnataka dated 6-6-1996. They arise out of civil suits filed by the petitioners wherein they had challenged the proceedings initiated against them on the basis of show-cause notices issued under Section 4(1) of the Karnataka Public Premises (Eviction of Unauthorised Occupants) Act, 1974 (hereinafter referred to as "the State Act"). The petitioners have filed replies to the said notices wherein they claimed that they were not unauthorised occupants of the premises and that they were in occupation as tenants of the premises under Section 116 of the Transfer of Property Act and that their tenancy has not been determined. In the suits the petitioners had sought a declaration that the State Act was not applicable to them as well as a permanent injunction restraining Respondent 2 from initiating action under the Act. The said suits of the petitioners were dismissed by the trial court on the view that the civil court has no jurisdiction to entertain the suit in the view of the bar to jurisdiction under Section 16 of the State Act. The said judgment of the trial court was reversed in appea



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